Birtcher Wins Patent Suit but Is Not Awarded Damages

IRVINE —  Birtcher Medical Systems Inc. said Friday that a Colorado jury has upheld Birtcher’s patent on an electrosurgical device known as an Argon Beam Coagulator.

However, the jury declined to award damages to Birtcher in its lawsuit against Beacon Laboratories Inc. of Denver, and Beacon President Richard P. Flednor called the jury verdict “contradictory.”

Birtcher’s Argon Beam Coagulator is used in surgery to stop bleeding with a stream of ionized argon gas. Birtcher’s coagulator is built into an electrosurgical generator that ionizes the gas. In January, 1990, Beacon began marketing an argon device that can be hooked up to standard electrosurgical generators.

In March, 1990, Birtcher filed suit charging that Beacon had infringed on its patent, and Beacon countersued, saying the patent was too broad.

According to Birtcher, the U.S. District Court jury found Birtcher’s patent was valid, and rejected Beacon’s attempt to limit the patent’s scope. It also found, however, that Beacon had not knowingly contributed to the infringement of the patent, and declined to award damages.

“The verdict is not clear,” Flednor said. He said Beacon had not yet decided whether to appeal.

Birtcher President William E. Maya said that while Beacon might not have “knowingly” infringed on Birtcher’s patent in the past, it would be an infringement if Beacon continues to sell its device after the ruling. He said Birtcher will take further action if Beacon does not stop selling its device.